§ 432. Restrictions

(a) The Commissioner shall not issue a certificate for a child under 16 pursuant to section 431 of this title until the Commissioner has received, examined, approved, and filed the following papers:

(1) The school record of the child properly filled out and signed by the person in charge of the school which the child last attended, giving the child's age, address, standing in studies, rating in conduct, and attendance in days during the school year of the last full year of attendance.

(2) Evidence of the age of the child as follows:

(A) The birth certificate of the child, or a copy certified by the town clerk in a town where the certificate is a part of the public records.

(B) If the certificate or certified copy cannot be procured, a duly attested transcript of the certificate of birth or baptism or other religious record, shall be conclusive evidence of the age of the child.

(C) In case no documentary proof of age is available, the Commissioner may accept an affidavit from the parent, guardian, or custodian of the child to establish the age of the child.

(3) A certificate from a physician resident in and licensed to practice in this State showing that after a thorough examination the child is found to be physically fit to be employed in the proposed occupation. When a certificate is requested for the employment of a child under 16 as an actor or performer in motion pictures, theatrical productions, radio, or television, this provision may be waived at the discretion of the Commissioner.

(4) Before a certificate approving the employment of a child as an actor or performer in motion pictures, theatrical productions, radio, or television is issued by the Commissioner, the Secretary of Education must approve the substance and conditions of the educational program being provided to the child during this employment which in no case shall be more than 90 days during the school year.

(b) The Commissioner shall refuse a certificate to a child under 16 years of age unless the child has completed the elementary school course, or received an equivalent education, or has been excused from further school attendance under the provisions of 16 V.S.A. § 1123. (Amended 1987, No. 4, § 1, eff. March 10, 1987; 2001, No. 68, § 3; 2013, No. 92 (Adj. Sess.), § 262, eff. Feb. 14, 2014.)